The Supreme Court will deliver its interim order on Monday in the case challenging the Waqf (Amendment) Act, 2025. The matter is listed for September 15, according to the court’s cause list.
A bench led by Chief Justice B R Gavai had reserved its order on May 22 after hearing arguments from both sides over three consecutive days. The case has drawn attention because of its implications for the management and ownership of waqf properties across the country.
One key question before the court is whether the amended law allows the government to denotify properties that have already been declared as waqf, either by courts, by user, or by deed. Petitioners have argued that this undermines judicial authority and centuries of legal precedent.
Another issue is the composition of state waqf boards and the Central Waqf Council. The petitioners contend that only Muslims should manage waqf institutions, except for ex-officio members, while the new law expands participation.
Read More: Why Are Muslims Across India Protesting the Waqf Amendment Act 2025?
The third point relates to a provision that excludes a property from being treated as waqf if the district collector concludes it is government land after an inquiry.
Senior advocate Kapil Sibal, appearing for the petitioners, said the amendment marked a “complete departure from historical legal and constitutional principles” and accused the government of seeking to “capture waqf through a non-judicial process.”
The Centre, represented by Solicitor General Tushar Mehta, defended the law. It argued that waqf was not an essential part of Islam and by its nature had “secular” characteristics. The government also stressed that Parliament’s law carried a “presumption of constitutionality” and should not be stayed.
The Ministry of Minority Affairs had earlier submitted a 1,332-page affidavit opposing any blanket stay, saying the Act was legally sound.
The Waqf (Amendment) Act, 2025 was passed by Parliament in early April and received the President’s assent on April 5. It was officially notified on April 8.
